Charlotte, NC asked in Real Estate Law for North Carolina

Q: Our property extends 3-4 feet beyond our fence. We have a new neighbor who is saying it does not extend past our fence

She has planted a couple small plants on our property.

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: You have probably lost that property. The adjacent landowners, including their predecessors in title, have apparently acquiesced for some period of time as to the tangible fenceline being the boundary between the two properties. Irregardless of each landowners' legal descriptions, that line has been de facto the boundary for some period of time. If the fence was only recently emplaced, then get a survey and possibly move the fence. Otherwise you probably do not own past the fence.

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